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WHAT IS A FEMALE EMPLOYEE'S MATERNITY RIGHT?

A female employee is entitled to maternity leave for a period of not less than the eligible period of 60 consecutive days and maternity allowance in respect of the eligible period.

Maternity leave period may commence anytime within 30 days before her confinement but should not be later than the day immediately following her confinement.

A female employee is qualified for maternity allowance if she fulfills certain conditions. She shall have less than 5 surviving children and has been employed for at least 90 days in the 4 months immediately before her confinement.

Where a female employee is employed on a monthly pay rate, maternity allowance is based on her monthly wages. Otherwise the maternity allowance is the ordinary rate of pay for one day or RM6 per day whichever is higher for 60 consecutive days.

Maternity allowance shall be paid in the same manner as if such allowance is wage and is payable not later than the 7th day after the last day of any wage period.

A female employee is not entitled to rest day and paid sick leave benefits during maternity leave.

WHAT ARE THE HOURS OF WORK AND REST DAY ENTITLEMENT OF AN EMPLOYEE ?

An employee shall be entitled to at least 1 whole day of rest day in a week.

During temporary disablement under Workmen's Compensation Act 1952 or Employees Social Security Act 1969, an employee shall not be entitled to rest day benefit.

An employee shall not work on normal hours exceeding 8 hours a day excluding a period of rest, 5 consecutive hours of work without a period of rest of not less than 30 minutes and 48 hours in a week.

Under certain circumstances and mutual agreement, hours of work can exceed 9 hours a day but it cannot exceed 48 hours in a week.

Where an employer requires an employee to work overtime which means to carry out work in excess of the normal hours of work per day, the hours of overtime shall not exceed a total of 104 hours in a month.

Your overtime pay shall not be less than 1.5 times the hourly rate of pay on normal day's work, 2 times the hourly rate of pay on rest day's work and 3 times the hourly rate of pay on public day's work.

Under the following circumstances, an employer may also require an employee to work on a rest day :

  • accident
  • actual or threatened in the workplace
  • work which is essential to the life of the community
  • work which is essential to the defence or security of the country
  • urgent work need to be done to the machinery or plant
  • an interruption of work which was impossible to foresee
  • work to be performed by employees in any industrial undertaking essential to the economy of Malaysia or any essential service as defined in the Industrial Relations Act 1967.

Where an employee is employed on a daily, hourly or other similar rate of pay and required to work on a rest day or holiday, such employee shall be paid one additional day wages if the work does not not exceed half the normal hours of work or two additional days wages at the ordinary rate of pay if such employee works more than half but does not exceed the normal hours of work.

In the event of an employee being employed on a monthly rate of pay and being required to work on a rest day, such employee shall be paid for work of wages equivalent to half the ordinary rate of pay for work done on the day if the work does not exceed half the normal hours of work or 1 day wages at the ordinary rate of pay for work done on that day if such employee works more than half but does not exceed the normal hours of work.

An employee shall be informed of rest day and a roster for the rest day shall be prepared by the employer for that purposes.

An employee shall also be entitled to paid holidays of not less than 10 days in a year. An employee who is required to work on holiday shall be paid 2 additional days wages at the ordinary rate of pay.



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